Latest on Bismark Dinius!!!!!!!!

[Fred7825]

My understanding is that the rules apply to ALL inland waters including lakes, harbors, rivers, and inland waterways. When did this change?

 

[sailingdog]

BobM—

Technically, the rules that govern inland waters in the US are the Inland Navigation Rules Act of 1980. However, these rules have basically been written with the COLREGs as a basis, and following the COLREGs is probably the easiest way to be compliant. There are some small exceptions, but none of which would apply to Perdock's behavior and actions of have any bearing on the collision.

This is according to Farwell's Rules on Navigation. See pages 8/9.

 

[jibes138]

Another Tragedy

No detail information yet but two single handed power boats collided on the Tar River near Grimesland, NC yesterday resulting in one fatality and the other a hospitilazation. Just heard it on the news this morning. Just another case reminding us all to be vigilant and careful "out there."
This river is fairly narrow and the boats described were a 21 and an 18 with the larger boat causing the greater amount of damage as would be expected.

 

[HEINZIR]

My understanding is that the rules apply to ALL inland waters including lakes, harbors, rivers, and inland waterways. When did this change?

from http://www.boats.com/reeds/jsp/rn_ch_2_b.jsp
"Jurisdiction Limits
The term "Navigable Waters of the United States" includes all waters navigable continuously from the high seas, including where access is by canals and locks. Also included are bodies of water that cover two or more states which, although not accessible from the ocean, are capable of "interstate commerce." The final inclusion is any waters used for travel to and from a foreign country. These waters are under the jurisdiction of the U.S. Coast Guard. States and local governments, though, can enforce their laws and regulations on these waters, provided that such do not conflict with federal laws and regulations. Waters other than as defined above are not subject to federal jurisdiction and are regulated only by the states and their political subdivisions."

I may be reading this wrong but it seems to say that Inland Rules do not directly apply to lakes that are entirely contained within one state and do not have a navigable connection to the sea.

 

[BobM]

Thanks Heinzir

from http://www.boats.com/reeds/jsp/rn_ch_2_b.jsp
"Jurisdiction Limits
The term "Navigable Waters of the United States" includes all waters navigable continuously from the high seas, including where access is by canals and locks. Also included are bodies of water that cover two or more states which, although not accessible from the ocean, are capable of "interstate commerce." Waters other than as defined above are not subject to federal jurisdiction and are regulated only by the states and their political subdivisions."

I may be reading this wrong but it seems to say that Inland Rules do not directly apply to lakes that are entirely contained within one state and do not have a navigable connection to the sea.

Thanks for the back up Heinzir.

I had done my homework on this a while ago and was surprised to find out just this. There are boundaries all over the place inland where the rules apparently change to local (State) jurisdiction. This was all chewed over thoroughly in past Dinius threads so I won't go over it now.

Suffice to say that I agree 100% that Perdock was in the wrong with no justification for running a powerboat at speed in the dark with a load of alcohol on board his body. The behavior of his peers in public service, if it proven to interfere with obtaining his blood alcohol level in a timely fashion and perhaps even tampering with evidence (the sailboat was not properly secured as a crime scene until the following day from what I recall), was appalling.

I have operated a power boat on a lake at night before and if it is on a plane you are going too fast.

 

[BobM]

Re: Thanks Heinzir

Clear Lake is a huge body of water with little enforcement.

http://en.wikipedia.org/wiki/Clear_Lake_(California)

With over 100 miles (160 km) of shoreline, Clear Lake is a popular spot for watersports enthusiasts. Fishing, swimming, sailing, wind surfing, waterskiing, boating, and riding personal water craft are all popular activities, primarily in the summer. Navigation rules are not strictly enforced and boaters, swimmers and spectators are treated to exciting high-speed powerboat passes day or night. (Jon Hopkins, the District Attorney, points out "there is no speed limit on that lake".) There are 11 free boat launch ramps around the lake that are open to the public. Individuals may rent boats and personal water craft from many businesses around the lake.

This final debriefing by the Sheriff's office is interesting.

http://lakesheriff.com/boat_case files/BoatCrashQA.asp

 

[sailingdog]

Interesting links Bob. I'd point out that in the Lakesheriff.com link the sheriff says:

It warrants repeating that Sgt. Ostini concurred with Slabaugh’s finding that Perdock had been operating in violation of the following:

T – 14 California Code of Regulations 6600.1 Rule 6 Safe Speed “Every vessel shall at all times proceed at a safe speed so that she can take proper and effective action to avoid collision and be stopped within a distance appropriate to prevailing circumstances and conditions.”

However, as indicated in the response to the preceding question, no enforcement action could have been taken against Perdock in this case without a criminal charge filed by the District Attorney’s office

It is pretty clear tha Perdock had violated this safe speed rule, regardless of the fact that no speed limit is posted on Clear Lake. I would be curious to see why the DA failed to bring charges against Perdock for violating the safe speed rule, especially since his violation of the rule resulted in a woman's death.

 

[BobM]

From what I read...

Interesting links Bob. I'd point out that in the Lakesheriff.com link the sheriff says:



It is pretty clear tha Perdock had violated this safe speed rule, regardless of the fact that no speed limit is posted on Clear Lake. I would be curious to see why the DA failed to bring charges against Perdock for violating the safe speed rule, especially since his violation of the rule resulted in a woman's death.

I read the web page faq and as I recall it indicates that an officer must observe speeding to ticket for it in CA.

 

[sailingdog]

Technically, an officer did observe it...and admitted to it under oath... PERDOCK... I'd also point out that the severe damage to the sailboat is an unmistakable observation of the speed the boat must have been going at...

I read the web page faq and as I recall it indicates that an officer must observe speeding to ticket for it in CA.